27 Eylül 2012 Perşembe

My Open Meeting Law Complaint

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Ken O’Brien
The O’Zone has documented at great length the blackcomedy of errors that has constituted efforts to amend the Southbridge TownCharter.
First we witnessed the ineptitude of the towncouncil in dealing with the original charter amendment proposals by the CharterReview Committee after a year’s work.
Then we saw the newly elected council dispense withall that work in two subcommittee sessions and ram through the politicallydriven result. 
Next we witnessed the enabling legislation languishin the Massachusetts House of Representatives where it was the responsibilityof Freshman Peter Durant. After numerous amendments and the deletion of oneproposal that was clearly unconstitutional, it was finally enacted by the Houseas ten separate bills and sent on to the State Senate.
It was finally passed by the Senate three weeks agoand signed by the Governor six days later.
This resulted in the town manager taking a victorylap in the local press announcing that he would ask the council to schedule anelection to hold a referendum on the proposed amendments in the spring.
As we pointed out at the time, the town manager wasclearly not aware of what was in the legislation. The laws signed by theGovernor specifically required that the election be held in 2012.
In an effort to rectify this “oversight”, while notadmitting any error, the manager essentially requested that the council adopt amotion requesting the legislature to amend the enacted legislation.
As I pointed out at length in “AnotherOpen Meeting Law Violation In Southbridge?”,this appeared to me to be a clear violation of thestate’s open meeting law.
As a result, today I filed an Open Meeting Lawcomplaint with the Town Clerk’s Office.
A copy of the complaint follows:

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